DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 8330-13
4 September 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 September 2014. Your allegations of error and
injustice were reviewed in accordance with administrative -
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
9 December 1987. The Board found that on 16 February 1989, you
received nonjudicial punishment (NJP) for disobedience. You
received a forfeiture of pay and 60 days of restriction.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 7 March 1989, you received a second NUP for being
disrespectful in language toward a superior petty officer. You
received a forfeiture of pay and were reduced in paygrade. On
9 March 89, your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. Your commanding officer stated, in part, that you
repeatedly violated Navy rules and regulations, your infractions
resulted from your inability to deal with individuals ina
position of authority, and every effort had been made, both
formally and informally, to correct your deficiencies. Further,
that your medical issues showed that you were manipulating the
medical system to avoid certain duties, bordering on malingering,
could not conform to military life, and were an administrative
burden. On 22 March 1989, the separation authority directed an
OTH discharge by reason of misconduct due to commission of a
serious offense. You were so discharged on
31 March 1989,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUP’s, one of
which was after you were notified that you were being
administratively separated for a serious offense. The Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Finally, you
are advised that there is no provision of law or in Navy
regulations that allows for recharacterization of a discharge
automatically due solely to the passage of time. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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